Elder Law Commons^™

The Concept Of “Elderly Citizens” In The Indonesian Constitution: A Critical Analysis, Ari Wahyudi Hertanto, Satya Arinanto, Jufrina Rizal

Indonesia Law Review

Human existence is the most important element of the law and the state. They contribute greatly to the growth and development of a nation. Despite their great contribution, all human beings will experience a gradual decrease in their physical and psychological capacity due to ageing. According to the latest Central Statistics Agency report, there exists 29.3 million elderly citizens in Indonesia. This figure is equivalent to 10.82% of the total population. To anticipate this demographic condition, the government ought to ensure the welfare of its elderly citizens in accordance with the mandate of the 1945 Constitution. However, the 1945 Constitution …

The Generational Squeeze: A Commentary On Multi- Generational Special Needs And Benefit Planning In Georgia, Christopher Wages

Mercer Law Review

As the generation of baby boomers—individuals born between 1946 and 1964—grow older, their children are being progressively squeezed between caring for aging parents and the demands of a family of their own, giving rise to the term “sandwich generation.” The current population of fifty-three million baby boomers over the age of sixty-five accounts for 16% of the populace. As such, younger generations are finding themselves sandwiched between the financial, emotional, and physical needs of their aging parents and young children. This challenging situation is further exacerbated for families dealing with disabilities, and this scenario is only becoming more ubiquitous. In …

How Should Inheritance Law Remediate Inequality?, Felix B. Chang

Washington Law Review

This Article argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic stations of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom, or the freedom to distribute property in a will as one sees fit, fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy (i.e., the system of property distribution for a person who dies without a will) splinters property rights and inhibits their transfer, especially to nontraditional heirs.

Holistically, …

Effects On Employees' Compensation Under The Right To Disconnect, Tyler Jochman

Marquette Benefits and Social Welfare Law Review

No abstract provided.

The Joys Of Mentoring, Michael A. Mogill, Jd, Llm

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Wisconsin Law Reinforces White Supremacy Through Article Xiii, Section 3 Of The State Constitution, Felicia L. Owen, Jd

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Compassion: A Critical Skill For Law Students, Stephanie Smith Ledesma, Ma, Jd, Cwls

Marquette Benefits and Social Welfare Law Review

No abstract provided.

School-To-Prison Pipeline, Haley Walker

Marquette Benefits and Social Welfare Law Review

This article explores the intersect between mentally ill youth and the juvenile justice system. Mentally ill youth are disproportionately represented at every stage in the juvenile justice system due to their symptoms being mistaken for delinquent behavior. This stems from the legislators reforming the juvenile justice system from rehabilitative to punitive over the years in an attempt to hold delinquent youth accountable for their actions. Federal statutes have been enacted and federally funded programs have been implemented that seek to address the mental health crisis in today’s youth and keep mentally ill youth out of the juvenile justice system. This …

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Protecting Our Protectors: Why Title Vii Should Apply To The Uniformed Military Following The Supreme Court's Decision In Bostock V. Clayton County, Jonathan A. D'Orazio, Jd Candidate, 2022

Marquette Benefits and Social Welfare Law Review

This Note argues that Title VII should apply to uniformed military members following the Supreme Court’s decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020). Foremost, the current intra‑military remedies uniformed military members may bring a discrimination claim pursuant fail to effectively combat discrimination in the United States military due to several critical deficiencies. This Note demonstrates that the defects within the current intra‑military remedies tacitly permit, rather than discourage, discriminatory conduct.

This Note then examines why the military has historically resisted civilian reform measures to the military justice system. During this examination, this Note argues that …

Picking The Lock: A Proposal For A Standard Fee Waiver In Texas For Identification Documents, Gregory Zlotnick

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Protecting The Protectors: Preserving And Enhancing The Rights Of Legal Observers, Erica D. Lunderman

Marquette Benefits and Social Welfare Law Review

None

Let Go Of Your Sexual Privacy Or Be Let Go? The Woe Of Public Employees, Sofya Bakradze

Marquette Benefits and Social Welfare Law Review

The issue of sexual freedom as a subset of the general right to privacy, while not novel, is still highly controversial both legally and socially. The Circuit Courts of Appeals have yet to agree whether the leading case on the issue, Lawrence v. Texas, 539 U.S. 558 (2003), affirmatively established the fundamental right to sexual privacy. The answer to this question means the difference between a world where off-duty sexual conduct stays private and respected by the government employers and a world where a public employee can be terminated without due process for his or her intimate activities. As a …

One For All? The Use Of Anencephalic Newborns As Organ Donors, Meaghan Mctigue

Marquette Benefits and Social Welfare Law Review

It is a late night in a Wisconsin hospital when a birthing team assembles in an operating room for the birth of a little girl. Unlike the events that surround most births, there was no baby shower, no painstaking assembly of a crib, nor a college fund set-up in preparation of the future. This newborn baby girl is an anencephalic newborn. Her entire life will be only minutes or hours long. However, her parents seek to make her impact last far longer than that with the donation of her organs and tissues. They seek to help those like a little …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Predictive Scheduling Is Trending: Is Milwaukee Next?, Kelly J. Lyden

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Title Iii Of The Libertad Act: Proceeding In The Absence Of True Liberty, Luis D. Gutierrez

Marquette Benefits and Social Welfare Law Review

No abstract provided.

How Twenty-First Century Technology Affects Inmates' Access To Prison Law Libraries In The United States Prison System, Kelsey Brown

Marquette Benefits and Social Welfare Law Review

In today’s generation America is open 24 hours, 7 days a week. Americans live in an open-all-night society, where with one click, one can buy groceries, watch a 3D movie, bowl a perfect game, and eat pizza all at two in the morning without ever leaving his or her living room. Therefore, is not a stretch to imagine a single digital device, such as a computer or phone, that could hold thousand, if not, millions of books with topics ranging from comedy, fiction, nonfiction, business, cooking, fitness, etc. But most importantly, and one of the focuses of this Comment, are …

Advancing A Feasible Solution To Cross-Border Employment Enforcement Mechanisms, Alina Veneziano

Marquette Benefits and Social Welfare Law Review

This study analyzes the prior and current practice of the judiciary in deciding cases of extraterritorial applications of U.S. anti-discrimination statutes, such as Title VII, the ADA, and the ADEA. Specifically, it analyzes when and to what extent courts have applied the protections of these Acts to foreign elements. In 1991, Aramco held that legislation of Congress, unless a contrary intent is shown, is meant to apply only within the territorial borders of the United States. Because of the congressional silence in Title VII, the Supreme Court in Aramco dismissed the case even though it involved a claim of discriminatory …

The Perils Of Self-Directed Iras, Kathryn Kennedy

Marquette Benefits and Social Welfare Law Review

Individual retirement accounts were created in 1974 as tax-sheltered retirement savings for employees whose employer did not offer an employer-provided retirement vehicle. Since then, they have been used primarily as rollover vehicles, such that amounts accumulated under employer-provided retirement plans can be rolled over into an individual retirement account. This Article examines the perils involved with a rollover IRA owner decides to invest his IRA assets in non-traditional assets.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Karma And The United States Government: How Mass Incarceration Policies Created An Ailing And Costly Aging Population In The Prison System And How Can Civil Legal Services Assist The Elderly After Release, Korina Rud

Cardozo Journal of Equal Rights & Social Justice

The note argues that mass incarceration policies in the U.S. have led to a growing population of elderly inmates, resulting in significant financial and health burdens. The author emphasizes the critical role of civil legal services in assisting these individuals post-release, particularly in addressing challenges related to employment, housing, and healthcare. The central argument is that tailored legal aid can mitigate the unique struggles faced by elderly ex-offenders, thereby reducing recidivism and improving community integration.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Eugenio Mantovani, Dr. Benny Spanier, Prof. Israel (Issi) Doron

DePaul Journal for Social Justice

No abstract provided.

“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts, Michael L. Perlin

Seattle University Law Review

For forty years, we have known that involuntary civil commitment hearings are—in most jurisdictions—“charades.” When the Supreme Court noted, in Parham v. J.R., that the average length of a civil commitment hearing ranged from 3.8 to 9.2 minutes, the reaction of many who had done these cases was, “What? So long?!” The characterization of such hearings as being a “greased runway” to a state institution has never been disputed. Lawyers representing these individuals were bored or contemptuous; judges simply wanted to get cases moving; opposing counsel looked at their wrist watches to see when the cases would be done. This …

Social Security Retirement Benefits Timing: A Model For Working Families, Francine J. Lipman, James E. Williamson

Scholarly Works

With more than 61 million individuals receiving Social Security benefits, one out of every four families in America receives monthly cash payments from the Social Security Administration (SSA). These monthly payments directly benefit 48.5 million retired workers, their current and former spouses, 10 million disabled adults, and include more than 3 million children. Several million more children and adults in the increasing number of multi-generational households in America benefit indirectly from Social Security retirement payments.

In addition to the broad reach of monthly Social Security retirement benefits these payments have ensured the financial well-being of millions of American families for …

Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope

Georgia State University Law Review

The purpose of this Article is to help improve the quality of healthcare decision making for the unbefriended. I hope that this comprehensive and systematic explanation of both the problem and the available solutions will empower both public and clinical policymakers to develop more informed and more circumspect policies and procedures